This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

84249 

Vol. 88, No. 232 

Tuesday, December 5, 2023 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0907] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, Pacific 

Ocean, Westport, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain waters of the Pacific Ocean. This 

action is necessary to provide for the 

safety of life on these navigable waters 

near Westport, WA, during a fireworks 

display December 31, 2023, to January 

1, 2024. This proposed rulemaking 

would prohibit persons and vessels 

from entering the safety zone unless 

authorized by the Captain of the Port 

Sector Columbia River or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before December 20, 2023. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2023–0907 using the Federal DecisionMaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. This notice of proposed 

rulemaking with its plain-language, 100- 

word-or-less proposed rule summary 

will be available in this same docket. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Carlie Gilligan, Waterways Management 

Division, Sector Columbia River, Coast 

Guard; telephone 503–240–9319, email 

SCRWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Columbia River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On October 23, 2023, an organization 

notified the Coast Guard that it will be 

conducting a fireworks display from 12 

to 12:30 a.m. on January 1, 2024. The 

fireworks are to be launched from a site 

in Westport, WA at approximate 

location 46°54′17′′ N; 124°05′59′′ W. 

Hazards from firework displays include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. The Captain of 

the Port Sector Columbia River (COTP) 

has determined that potential hazards 

associated with the fireworks to be used 

in this display would be a safety 

concern for anyone within a 600-foot 

radius of the launch site. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 600-foot 

radius of the fireworks barge before, 

during, and after the scheduled event. 

The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034. 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

safety zone from 11:30 p.m. on 

December 31, 2023 to 1 a.m. on January 

1, 2024. The safety zone would cover all 

navigable waters within 600 feet of the 

launch site in Westport, WA located at 

approximate location 46°54′17′′ N; 

124°05′59′′ W. The duration of the zone 

is intended to ensure the safety of 

vessels and these navigable waters 

before, during, and after the scheduled 

12 to 12:30 a.m. fireworks display. No 

vessel or person would be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. The 

regulatory text we are proposing appears 

at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, the NPRM has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. Vessel 

traffic would be able to safely transit 

around this safety zone which will 

impact a small designated area of the 

Pacific Ocean for less than 2 hours on 

two evenings when vessel traffic is 

normally low. Moreover, the Coast 

Guard would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule would 

allow vessels to seek permission to enter 

the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 


khammond on DSKJM1Z7X2PROD with PROPOSALS
84250 Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Proposed Rules 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104– 

121), we want to assist small entities in 

understanding this proposed rule. If the 

proposed rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would not call for 

a new collection of information under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism), if it has a substantial 

direct effect on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. We have analyzed 

this proposed rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

potential effects of this proposed rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 023–01, Rev. 1, 

associated implementing instructions, 

and Environmental Planning 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves a safety zone lasting 1.5 

hours that would prohibit entry within 

600 feet of a fireworks launch site. 

Normally such actions are categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A preliminary Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision-Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2023–0907 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. Also, if you click 

on the Dockets tab and then the 

proposed rule, you should see a 

‘‘Subscribe’’ option for email alerts. The 

option will notify you when comments 

are posted, or a final rule is published. 

We review all comments received, but 

we will only post comments that 

address the topic of the proposed rule. 

We may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T13–0907 to read as 

follows: 

§ 165.T13–0907 Safety Zone; Fireworks 

Display, Pacific Ocean, Westport, WA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Pacific Ocean, surface to bottom, 600 

feet from the fireworks display site at 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Proposed Rules 84251 

approximately 46°54′17′′ N; 124°05′59′′ 

W. These coordinates are based on the 

launch site located on the Pacific Ocean 

near Firecracker Point, Westport, WA. 

(b) Definitions. As used in this 

section— 

Designated representative means a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to a 

unit under the operational control of the 

U.S. Coast Guard Sector Columbia River 

and designated by or assisting the 

Captain of the Port Columbia River 

(COTP) in the enforcement of the 

regulations in this section. 

(c) Regulations. 

(1) Under the general safety zone 

regulations in subpart C of this part, you 

may not enter the safety zone described 

in paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(d) Enforcement period. This section 

will be enforced from 11:30 p.m. on 

December 31, 2023 through 1:00 a.m. on 

January 1, 2024. 

Dated: November 29, 2023. 

J.W. Noggle, 

Captain, U.S. Coast Guard, Captain of the 

Port Columbia River. 

[FR Doc. 2023–26675 Filed 12–4–23; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

Shipping Address Label 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service is 

proposing to amend Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM®) in 

various sections to clarify the 

requirement of the service icon and 

service banner when a shipping address 

label is used. 

DATES: Submit comments on or before 

January 4, 2024. 

ADDRESSES: Mail or deliver written 

comments to the Director, Product 

Classification, U.S. Postal Service, 475 

L’Enfant Plaza SW, Room 4446, 

Washington, DC 20260–5015. If sending 

comments by email, include the name 

and address of the commenter and send 

to PCFederalRegister@usps.gov, with a 

subject line of ‘‘Shipping Address 

Label’’. Faxed comments are not 

accepted. 

You may inspect and photocopy all 

written comments, by appointment 

only, at USPS® Headquarters Library, 

475 L’Enfant Plaza SW, 11th Floor 

North, Washington, DC 20260. These 

records are available for review on 

Monday through Friday, 9 a.m.–4 p.m., 

by calling 202–268–2906. 

FOR FURTHER INFORMATION CONTACT: 

Steven Jarboe at (202) 268–7690, Devin 

Qualls at (202) 268–3287, or Garry 

Rodriguez at (202) 268–7281. 

SUPPLEMENTARY INFORMATION: All 

submitted comments and attachments 

are part of the public record and subject 

to disclosure. Do not enclose any 

material in your comments that you 

consider to be confidential or 

inappropriate for public disclosure. 

Currently, when a shipping address 

label is used, the standards provide it is 

recommended the service icon and 

service banner be included on the label. 

Effective October 1, 2023, pursuant to 

the Federal Register Notice (88 FR 

54239–54240) the Postal Service added 

a new validation requirement to 

Barcode Quality (BQ), a metric 

underneath its Intelligent Mail® package 

barcode (IMpb®) noncompliance 

measurement. The final rule outlined 

that the information provided on the 

label and the data contained within the 

barcodes, including Service Type Codes 

(STCs) must align and be correct. As a 

result, the Postal Service is proposing to 

require the correct service indicator 

composed of the service icon and 

service banner be included when a 

shipping address label is used. 

In addition, the Postal Service is 

proposing to require the hazardous 

materials icon in lieu of the service icon 

be included when a shipping address 

label is used on items containing 

mailable hazardous materials. 

Any variance in the physical aspect of 

the label affixed to a parcel presented 

for mailing may subject the piece to the 

IMpb noncompliance fee. 

The Postal Service is proposing to 

implement this change effective January 

21, 2024. 

We believe the proposed revision will 

enable the Postal Service to provide 

customers with a more efficient mailing 

experience. 

Although exempt from the notice and 

comment requirements of the 

Administrative Procedure Act (5 U.S.C. 

553(b), (c)) regarding proposed 

rulemaking by 39 U.S.C. 410(a), the 

Postal Service invites public comment 

on the following proposed revisions to 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), incorporated by reference in the 

Code of Federal Regulations. We will 

publish an appropriate amendment to 

39 CFR part 111 to reflect these changes. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR part 111 is 

proposed to be amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401–404, 414, 416, 3001–3018, 3201–3220, 

3401–3406, 3621, 3622, 3626, 3629, 3631– 

3633, 3641, 3681–3685, and 5001. 

■ 2. Revise the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

200 Commercial Letters, Cards, Flats, and 

Parcels 

* * * * * 

202 Elements on the Face of a Mailpiece 

* * * * * 

3.0 Placement and Content of Mail 

Markings 

* * * * * 

3.3 Priority Mail Express and Priority Mail 

Markings 

* * * * * 

3.3.2 Priority Mail 

[Revise the text of 3.3.2 to read as follows:] 

Priority Mail pieces must have the basic 

price marking of ‘‘Priority Mail’’ printed in 

a prominent location on the address side. 

When a shipping address label is used, the 

basic required price marking must be printed 

as provided under 3.9. 

* * * * * 

3.5 First-Class Mail and USPS Marketing 

Mail Markings 

3.5.1 Types of Markings 

Mailpieces must be marked under the 

corresponding standards to show the class of 

service and/or price paid: 

* * * * * 

[Revise the text of item d to read as 

follows:] 

d. When a shipping address label is used, 

the basic required price marking must be 

printed as provided under 3.9. 

* * * * * 


khammond on DSKJM1Z7X2PROD with PROPOSALS